Section 53 of the Supreme Court Act provides the Governor in Council (also known as the Cabinet of Canada) the authority to submit reference questions.
In Reference re Secession of Quebec, the Supreme Court examined the applicability of section 53, and whether advisory questions were constitutional.
The amicus curiae appointed to advocate on behalf of the government of Quebec argued that the right to secede was an invalid basis for a reference question.
Secondly, section 53 is to be interpreted to exclude questions where the court does not have jurisdiction, and in the case of Reference re Secession of Quebec is international law.
Finally, the question Reference re Secession of Quebec posed was political in nature, and therefore could not be answered by the Supreme Court.